Madras High Court
Rajakshmi vs Bhagyaraj on 28 July, 2021
C.M.A(MD)NOs.117 of 2021 and 488 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 28.07.2021
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
AND
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
C.M.A(MD)NOs.117 OF 2021 and 488 of 2020
and
C.M.P(MD)No.5388 of 2020
C.M.A(MD)NO.117 OF 2021
Rajakshmi :Appellant/Petitioner/Respondent
.vs.
Bhagyaraj : Respondent/Respondent/Petitioner
C.M.A(MD)NO.488 OF 2020
Bhagyaraj :Appellant/Respondent/Petitioner
.vs.
Rajalakshmi :Respondent/Petitioner/Respondent
PRAYER in C.M.A(MD)No.117 of 2021: Civil Miscellaneous
Appeal filed under Section 19(1) of the Family Courts Act r/w
Order 43 Rule 1 of C.P.C., praying this Court to set aside the order
made in I.A.No.3 of 2020 in H.M.O.P.No.324 of 2019, dated
24.2.2020, on the file of Family Court, Tirunelveli awarding an
amount of Rs.30,000/- as interim maintenance from the date of
1/8
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C.M.A(MD)NOs.117 of 2021 and 488 of 2020
petition and and instead allow the said I.A.No.3 of 2020 as prayed
for.
PRAYER in C.M.A(MD)No.488 of 2020: Civil Miscellaneous
Appeal filed under Section 19(1) of the Family Courts Act r/w
Order 43 Rule 1 of C.P.C., praying this Court to set aside the fair
and decretal order made in I.A.No.3 of 2020 in H.M.O.P.No.324 of
2019, dated 24.2.2020, on the file of Family Court, Tirunelveli.
C.M.A(MD)No.117 of 2021:
For Appellant :Mrs.Thenmozhi Sivaperumal
For Respondent :Mr.M.P.Senthil
C.M.A(MD)No.488 of 2020:
For Appellant :Mr.M.P.Senthil
For Respondent :Mrs.Thenmozhi Sivaperumal
COMMON JUDGMENT
************************
[Judgment of the Court was made by K.KALYANASUNDARAM,J.]
These Civil Miscellaneous Appeals arise out of the order
passed by the Family Court, Tirunelveli in I.A.No.3 of 2020 in
H.M.O.P.No.324 of 2019, dated 24.2.2020.
2.The original Petition came to be filed by the husband for
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C.M.A(MD)NOs.117 of 2021 and 488 of 2020
divorce on the ground of adultery. Pending divorce petition, wife
filed an Interlocutory application under Section 24 of the Hindu
Marriage Act seeking interim maintenane of Rs.1 lakh and Rs.
50,000/- towards litigation expenses. The Family Court allowed the
application directing the husband to pay a sum of Rs.30,000/-p.m.
towards interim maintenance and litigation expenses of Rs.
20,000/-. Challenging the same, both have come up with these
Civil Miscellaneous Appeals.
3.The learned counsel appearing for the husband
Mr.M.P.Senthil would argue that the marriage between the parties
was solemnized on 6.9.2018 and in the very next year, original
petition was filed for divorce on the ground of adultery. It is also
brought to the notice of this Court that in the original petition,
husband has stated that their marriage was not consummated. It is
next contended that though the husband is working in USA, he did
not have any permanent employment and due to COVID-19
pandemic, his salary also considerably reduced.
4.The learned counsel for the wife Mrs.Thenmozhi
Sivaperumal would argue that the wife has specifically stated that
the husband is employed as a Software Engineer in U.S.A and he is
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C.M.A(MD)NOs.117 of 2021 and 488 of 2020
earning Rs.3,75,000/-p.m. It is also stated that it is the duty of the
husband to produce the salary certificate to prove his income and
the Family Court without ascertaining the above facts, awarded a
meagre sum of Rs.30,000/- as interim maintenance and it has to be
enhanced.
5.Heard the rival submissions made on either side and
perused the materials placed before this Court.
6.In the instant case, there is no dispute that the marriage
between the parties was solemnized on 6.9.2018 and in the very
next year, the husband has approached the Family Court for
divorce on the ground of adultery. As rightly pointed out by the
learned counsel Mrs.Thenmozhi Sivaperumal, it is the duty of the
husband to produce the salary certificate before the trial Court to
prove his actual salary. The learned counsel Mr.M.P.Senthil
submitted that his client did not have any permanent employment
in USA, hence, the salary certificate could not be produced. He
further added that without any prejudice to his right, his client is
ready to pay a sum of Rs.25,000/-p.m., to the wife. It is also stated
that the wife is working in GRT and earning Rs.30,000/-p.m., and
residing at Tirunelveli.
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C.M.A(MD)NOs.117 of 2021 and 488 of 2020
7.The trial Court, having observed that the husband has not
disputed his employment at USA and did not produce his salary
certificate, has ordered a sum of Rs.30,000/-p.m., as interim
maintenance to the wife. Taking note of the above fact that the
wife is permanently residing at Tirunelveli, we are of the view that
it would be appropriate to reduce the interim maintenance from
Rs.30,000/- to Rs.25,000/-p.m.
8.In such view of the matter, the Civil Miscellaneous Appeal
in C.M.A(MD)No.488 of 2020 is partly allowed and the husband is
hereby directed to pay a sum of Rs.25,000/-p.m. as interim
maintenance to the wife and Rs.20,000/- towards litigation
expenses. Consequently, C.M.A(MD)No.117 of 2021 is dismissed.
Both the parties are directed to cooperate for the early disposal of
the cases. The trial Court shall dispose of the original petition
within a period of six months from the date of receipt of a copy of
this order. No costs. Consequently, connected Miscellaneous
Petition is closed.
[M.K.K.S.,J.] & [B.P.,J.]
28.07.2021
Index:Yes/No
https://www.mhc.tn.gov.in/judis/
C.M.A(MD)NOs.117 of 2021 and 488 of 2020
Internet:Yes/No
vsn
Note :
In view of the present lock
down owing to COVID-19
pandemic, a web copy of
the order may be utilized
for official purposes, but,
ensuring that the copy of
the order that is presented
is the correct copy, shall be
the responsibility of the
advocate / litigant
concerned.
To
1.The Judge,
Family Court,
Tirunelveli.
2.The Record Keeper,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis/
C.M.A(MD)NOs.117 of 2021 and 488 of 2020
K.KALYANASUNDARAM,J.
AND
B.PUGALENDHI, J.
vsn
COMMON JUDGMENT MADE IN
C.M.A(MD)NOs.117 OF 2021
and 488 of 2020
and
C.M.P(MD)No.5388 of 2020
https://www.mhc.tn.gov.in/judis/
C.M.A(MD)NOs.117 of 2021 and 488 of 2020
28.07.2021
https://www.mhc.tn.gov.in/judis/
